NUI CORP. v. KIMMELMAN

Civ. No. 84-0411 S.

593 F.Supp. 1457 (1984)

NUI CORPORATION, a New Jersey corporation, Plaintiff, v. Irwin I. KIMMELMAN, Attorney General of the State of New Jersey and New Jersey Resources Corporation, a New Jersey corporation, Defendants.

United States District Court, D.New Jersey.

September 10, 1984.


Attorney(s) appearing for the Case

Laurence B. Orloff, Orloff, Lowenbach, Stifelman & Siegel, P.A., Roseland, N.J., for plaintiff.

Irwin I. Kimmelman, Atty. Gen., of New Jersey, Div. of Law by Claude E. Salomon, Deputy Atty. Gen., Newark, N.J., for defendant Kimmelman.

Richard B. McGlynn, Stryker, Tams & Dill, Newark, N.J., for defendant New Jersey Resources Corp.


OPINION

STERN, District Judge.

An expensive and bitter proxy contest for control of New Jersey Resources Corporation is the backdrop for the renewed warring in this Court. Faced today with a number of motions from all parties, we hold that plaintiff, whose slate of nominees was defeated in the election following the proxy battle, is entitled to a new election. We base our decision on our finding that a recently enacted state statute affecting proxy solicitation...

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